Years ago, my parents owned a 1997 Taurus sedan whose steering wheel airbag failed to deploy in (fortunately) a minor frontal accident. It did come out ... but literally only the size of a golf ball! It was a defective, factory installed, airbag from Ford.
Now imagine if it would’ve been a much more serious accident ... where my mother would’ve been seriously injured, or even killed! Would an Ambulance-Chasing Lawyer argue in Court (in a case against Ford) that his client could’ve survived had the vehicle not had a defective Airbag installed?
But then, what if the Lawyer representing Ford inspected the vehicle and found out the Airbag wasn’t original to the vehicle ... but some kind of retrofitted (or “re-packed”) device? Would that cause the Case to be thrown out?
I would think there’s a good chance it could. When it comes to Litigation, the smallest details can decide cases one way or the other...